PEOPLE EX REL. MULRY v. FRANCHI

2020-02951.

182 A.D.3d 563 (2020)

120 N.Y.S.3d 789

2020 NY Slip Op 02388

The People of the State of New York ex rel. Laurette Mulry, on Behalf of David Paterno, Petitioner, v. Michael Franchi, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 23, 2020.


Adjudged that the writ is dismissed, without costs or disbursements.

The petitioner has not established that David Paterno is entitled to habeas corpus relief, as the People have demonstrated that Executive Order (Cuomo) No. 202.8 temporarily suspends the operation of CPL 180.80 (see People ex rel. Nevins v Brann, 2020 WL 1878094 [Sup Ct, Queens County, Apr. 13, 2020]; People v Hood, 2020 NY Slip Op 50384[U] [Poughkeepsie City Ct, Dutchess County, Apr...

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